Search for: "Seth Barrett Tillman"
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18 Jan 2024, 11:11 pm
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
4 Oct 2019, 4:00 am
[DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion] [This post is co-authored with Seth Barrett Tillman] In a recent post, we explained that the Congressional Research Service ("CRS") has shifted its position concerning the Foreign Emoluments Clause. [read post]
16 Sep 2023, 2:47 pm
However, a number of prominent commentators and legal scholars claim otherwise, including former attorney general Michael Mukasey, Josh Blackman and Seth Barrett Tillman, and—most recently – Steve Calabresi. [read post]
24 Jan 2020, 5:56 am
Seth Barrett Tillman and I flagged this issue on Lawfare more than a month ago: In the impeachment context, Trump's liability could result from knowingly failing to take care that his subordinates faithfully executed the law. [read post]
18 May 2020, 11:30 am
[This post is co-authored with Professor Seth Barrett Tillman] Last week, the en banc Fourth Circuit decided two related cases in the Foreign Emoluments Clause litigation. [read post]
27 Mar 2023, 10:41 pm
[Justices Gorsuch and Kavanaugh argue they do, in defense of--checks notes--Steven Donziger.] [read post]
1 Nov 2016, 3:34 pm
Professor Rosen’s article, Funding “Non-Traditional” Military Operations: The Alluring Myth of A Presidential Power of the Purse, was cited in the following article: Seth Barrett Tillman, Ex Parte Merryman: Myth, History, and Scholarship, 224 Mil. [read post]
7 Feb 2024, 7:45 pm
[This post is co-authored with Professor Seth Barrett Tillman] Michael Luttig, who served on the U.S. [read post]
15 Sep 2023, 11:08 pm
I think Josh Blackman and Seth Tillman are more likely right than not. [read post]
26 Apr 2023, 2:39 pm
Last week Senator Dick Durbin invited Chief Justice Roberts to testify before the Senate Judiciary Committee. [read post]
[Josh Blackman] The PROMESA Board Members Are Not "Officers of the United States." So What Are They?
10 Jun 2020, 11:31 am
[This post is co-authored with Professor Seth Barrett Tillman] Recently, the Supreme Court decided Financial Oversight and Management Bd. for Puerto Rico v. [read post]
21 May 2020, 2:17 pm
Maryland could help decide the Faithless Electors Cases] [This post was co-authored with Professor Seth Barrett Tillman] Last week, we posed three questions concerning the characterization of presidential electors. [read post]
25 Jul 2020, 12:17 pm
[Could the House or Senate require Federal Judges To testify why they declined to recuse in a case?] [read post]
7 May 2020, 3:19 pm
My colleague Seth Barrett Tillman and I weighed in on those debates. [read post]
15 Feb 2018, 10:00 am
As my colleague Seth Barrett Tillman and I explained on the Volokh Conspiracy (Parts 6, 7, and 8), our official-versus-individual capacity argument is likely the only thing standing between President Trump and a discovery order. [read post]
19 Jan 2021, 1:18 pm
It seems likely that if and when President Trump is put on trial in the Senate for high crimes and misdemeanors, his lawyers will argue that the president was exercising his First Amendment right to free speech in the weeks after the election—and, as a consequence, his words cannot form the basis of an impeachable offense. [read post]
19 Feb 2024, 8:14 am
] [This post is co-authored with Professor Seth Barrett Tillman] On Thursday, February 15, 2024, Professor Mark Graber published a post on Balkinization titled "The Enforcement Act of 1870: Disqualification Myths and Realities. [read post]
9 Jan 2024, 9:01 pm
[This post is co-authored with Professor Seth Barrett Tillman] In our view, the phrase "Officers of the United States" does not refer to the President. [read post]
22 Feb 2024, 2:04 pm
”] [This post is co-authored with Professor Seth Barrett Tillman.] [read post]
31 Jul 2019, 7:46 am
[Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action ] [This post is co-authored with Seth Barrett Tillman, Lecturer, Maynooth University Department of Law. [read post]
